"The state government is empowered under section 40 (1B) of the Maharashtra Regional Town Planning (MRTP) Act to appoint any company established under any state or central act as a special planning authority," the state government said in an affidavit.
The affidavit was filed in reply to a petition by two tribal brothers Bandya and Babu Walhekar, residents of Mulshi Tehsil in Pune, alleging that their land was "usurped" for constructing the Lavasa township.
The brothers have challenged the June 2008 notification conferring special powers on Lavasa Corporation Limited to acquire land and act as a Special Planning Authority for the hill city.
The Walhekars contended that statutory powers of a planning authority could not be delegated to a private company registered under the Companies Act 1969.
Also, the private company cannot be given powers to acquire land for the hill city project under provisions of the Land Acquisition Act of 1894, the Walhekars contended.
The state government has, however, called the petitioners' claims baseless and devoid of substance. "Under the MRTP Act it is for the special planning authority to procure lands required for development of hill stations through private negotiations with the owner of the land," the affidavit filed by Avinash Patil, deputy director of town planning, Pune, states.
The affidavit further says the contention of the petitioners that the concept of hill station was introduced in the MRTP Act only for the convenience of Lavasa is wrong and that it was included in the Act in 1996.
A division bench headed by Justice D D Sinha today directed the advocate general to appear in the matter and posted it for resumed hearing on October 23. (MORE)